---
kind: "section"
citation: "25 U.S.C. § 4225"
title: "25"
title_heading: "Indians"
number: "4225"
heading: "Treatment of program income and labor standards"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/4225"
units:
  - "Chapter 43 — Native American Housing Assistance and Self-Determination"
  - "Subchapter VIII — Housing Assistance for Native Hawaiians"
---

# §4225. Treatment of program income and labor standards

- (a) **Program income—**
  - (1) **Authority to retain—** The [Department of Hawaiian Home Lands](/usc/25/4221.md?p=1) may retain any program [income](/usc/25/4103.md?p=9) that is realized from any grant amounts received by the [Department](/usc/25/4221.md?p=1) under this subchapter if—
    - (A) that [income](/usc/25/4103.md?p=9) was realized after the initial disbursement of the grant amounts received by the [Department](/usc/25/4221.md?p=1); and
    - (B) the [Director](/usc/25/4221.md?p=2) agrees to use the program [income](/usc/25/4103.md?p=9) for [affordable housing](/usc/25/4103.md?p=2) activities in accordance with the provisions of this subchapter.
  - (2) **Prohibition of reduction of grant—** The [Secretary](/usc/25/4103.md?p=20) may not reduce the grant amount for the [Department of Hawaiian Home Lands](/usc/25/4221.md?p=1) based solely on—
    - (A) whether the [Department](/usc/25/4221.md?p=1) retains program [income](/usc/25/4103.md?p=9) under [paragraph (1)](#a-1); or
    - (B) the amount of any such program [income](/usc/25/4103.md?p=9) retained.
  - (3) **Exclusion of amounts—** The [Secretary](/usc/25/4103.md?p=20) may, by regulation, exclude from consideration as program [income](/usc/25/4103.md?p=9) any amounts determined to be so small that compliance with the requirements of this subsection would create an unreasonable administrative burden on the [Department](/usc/25/4221.md?p=1).
- (b) **Labor standards—**
  - (1) **In general—** Any contract or agreement for assistance, sale, or lease pursuant to this subchapter shall contain—
    - (A) a provision requiring that an amount not less than the wages prevailing in the locality, as determined or adopted (subsequent to a determination under applicable [State](/usc/25/4103.md?p=21) or local law) by the [Secretary](/usc/25/4103.md?p=20), shall be paid to all architects, technical engineers, draftsmen, technicians employed in the development and all maintenance, and laborers and mechanics employed in the operation, of the [affordable housing](/usc/25/4103.md?p=2) project involved; and
    - (B) a provision that an amount not less than the wages prevailing in the locality, as predetermined by the [Secretary](/usc/25/4103.md?p=20) of Labor pursuant to sections 3141–3144, [3146](/usc/40/3146.md), and [3147](/usc/40/3147.md) of title 40 shall be paid to all laborers and mechanics employed in the development of the [affordable housing](/usc/25/4103.md?p=2) involved.
  - (2) **Exceptions—** [Paragraph (1)](#b-1) and provisions relating to wages required under [paragraph (1)](#b-1) in any contract or agreement for assistance, sale, or lease under this subchapter, shall not apply to any individual who performs the services for which the individual volunteered and who is not otherwise employed at any time in the construction work and received no compensation or is paid expenses, reasonable benefits, or a nominal fee for those services.

## Source credit

(Pub. L. 104–330, title VIII, § 805, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2883, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2976.)

## Notes

### Editorial Notes

### Codification

“Sections 3141–3144, 3146, and 3147 of title 40” substituted in subsec. (b)(1)(B) for “the Act commonly known as the ‘Davis-Bacon Act’ (46 Stat. 1494; chapter 411; 40 U.S.C. 276a et seq.)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted substantially identical sections 805 of Pub. L. 104–330. This section is based on the text of section 805 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.